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re: Louisiana's trespass laws lock anglers out of most coastal marshes
Posted on 8/8/14 at 12:21 pm to Boats n Hose
Posted on 8/8/14 at 12:21 pm to Boats n Hose
quote:
In Louisiana, however, courts have ruled that landowners may claim even the tidal waters adjacent to their marshes. That's because of the outfall of a case that didn't even originate in Louisiana.
In Phillips Petroleum Co. v. Mississippi, the U.S. Supreme Court ruled in a 5-3 decision that ownership of lands subject to the Public Trust Doctrine includes all tidal lands. In Louisiana, the Public Trust Doctrine states that "Louisiana claims the beds and bottoms of all navigable waters and the banks or shores of bays, arms of the sea, the Gulf of Mexico, and navigable lakes and declares the state's policy to be that these lands and water bottoms are public lands and shall be protected, administered, and conserved to best ensure full public navigation, fishery, recreation, and other interests."
Posted on 8/8/14 at 4:53 pm to MoreOrLes
CCA is considering the legal options concerning the red snapper fiasco.
I have always disagreed with the legal decision you are talking about particularly because the state owns all fisheries until they are caught. It is a bizarre decision. Most states say that you can go on waterways but cant trespass on owner's land. I understand that they were man made but they connect and divert from the public waterways. and I can promise you that they got tax breaks and federal funds to built a bunch of them.
A smart landowner should just divert the Mississippi or other big river into a fish trap and if they used legal nets or built it right nothing anyone could do about it.
I have always disagreed with the legal decision you are talking about particularly because the state owns all fisheries until they are caught. It is a bizarre decision. Most states say that you can go on waterways but cant trespass on owner's land. I understand that they were man made but they connect and divert from the public waterways. and I can promise you that they got tax breaks and federal funds to built a bunch of them.
A smart landowner should just divert the Mississippi or other big river into a fish trap and if they used legal nets or built it right nothing anyone could do about it.
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